[No.  77 — Second  Series — 5000] 


Indian  Rights  Association, 

709  Provident  Building,  Philadelphia,  May  25,  1907. 

A BRIEF  STATEMENT  OF  THE  INDIAN  RIGHTS 

ASSOCIATION, 

ITS  OBJECTS,  METHODS  AND  ACHIEVEMENTS. 


The  Association  is  a non-political,  non-sectarian  body  of  public-spirited  men  and 
women.  It  was  organized  in  Philadelphia,  December  15,  1882,  as  a result  of  a visit 
of  Messrs.  Henry  S.  Pancoast  and  Herbert  Welsh  to  the  Sioux  Indians,  by  about 
thirty  gentlemen,  who  met  in  response  to  an  invitation  from  the  late  Hon.  John 

Welsh— 

"to  take  into  consideration  the  best  method  of  producing  such  public  feeling 
and  Congressional  action  as  shall  secure  to  our  Indian  population  civil  rights  and 
general  education.  * * * * and  in  time  bring  about  the  complete 

civilization  of  the  Indians  and  their  admission  to  citizenship.” 

As  defined  by  its  constitution,  the  object  of  the  Association  is  "to  secure  to 
the  Indians  of  the  United  States  the  political  and  civil  rights  already  guaranteed 
to  them  by  treaty  and  statutes  of  the  United  States,  and  such  as  their  civilization 
and  circumstances  may  justify.”  In  the  beginning  of  its  work,  to  quote  from  a 
recent  annual  report,  "the  civilized  Indian  was  the  exception  rather  than  the  rule. 
The  brutal  expression  ‘the  only  good  Indian  is  a dead  Indian’  seemed  to  represent 
the  prevailing  sentiment  of  the  time.  The  country  over  which  the  red  man  roamed 
was  sparsely  settled.  Outbreaks  were  taken  as  a matter  of  course,  and  comparatively 
little  attention  was  paid  to  his  rights  or  wrongs.  Ignorance  concerning  the  Indian 
and  his  affairs  was  dense  and  widespread.  When  the  tide  of  emigration  swept  west- 
ward, and  settlers,  good  and  bad,  began  crowding  the  Indians  more  and  more  con- 
ditions materially  changed.  It  was  evident  that  wise  measures  should  be  adopted, 
whereby  the  Indian  could  be  adapted  to  his  new  environment,  and  eventually  be- 
come a part  of  it.  To  accomplish  this  it  was  necessary  that  public  sentiment  should 
be  aroused  by  a vigorous  agitation.  * * * * It  was  also  necessary 

to  secure  an  accurate  knowledge  of  actual  conditions,  which  could  only  be  done  by 
frequent  visits  to  the  Indian  country.  This  information  then  had  to  be  brought 
to  the  attention  of  the  public  in  order  to  exert  a sufficient  pressure  upon  Congress 
and  the  Executive  to  secure  prompt  and  reasonable  attention.  This  was  done  by 
the  dissemination  of  information  obtained  through  the  medium  of  pamphlets  and 
leaflets  and  through  the  columns  of  the  public  press.  The  work  progressed  slowly 


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at  first,  but  gradually  the  Association  won  the  respect  and  confidence  of  the  public. 
Its  accuracy  of  statement  is  rarely  questioned,  and  an  appeal  now  to  the  press  of 
the  country  on  any  particular  matter  requiring  attention  from  Congress  or  the  people 
usually  meets  with  ready  response  and  produces  definite  results. 

“In  the  beginning  the  Association  was  regarded  by  many  as  a group  of  senti- 
mentalists, holding  visionary  theories  that  were  absurd  and  unpractical.  The  Asso- 
ciation was  also  looked  on  by  some  Government  officials  as  a ‘meddlesome  and  irre- 
sponsible body  ’ constantly  aiming  to  stir  up  trouble  for  somebody.  All  this  has 
been  changed.  By  avoiding  serious  mistakes,  or  inaccuracy  of  statement,  and  by 
contending  for  sound  principles,  the  Association  has  demonstrated  beyond  question 
that  its  work  was  eminently  practical  and  just.  The  Indian  Office  came  to  regard 
it  as  a friendly  critic,  and  welcomed  its  co-operation. 

“A  gradual  and  steady  change  has  taken  place  among  the  Indians.  Nearly  all 
of  them  have  discarded  the  old  savage  methods  and  customs.  * * * * 

This  improved  condition  of  the  Indian  is  not  without  its  drawbacks,  paradoxical 
as  that  may  seem.  What  scheming  men  once  accomplished  by  force  is  now  attempted 
under  cover  of  law;  and  in  some  respects  the  work  of  protecting  the  Indian’s  rights 
is  more  difficult  than  ever — at  least  more  costly.  Frequently  it  has  been  neces- 
sary to  appeal  to  the  courts;  in  some  instances  to  the  highest  tribunal — the  United 
States  Supreme  Court.  This  is  both  expensive  and  tedious,  but  it  is  imperative, 
if  vicious  legislation  by  Congress  is  to  be  checked.” 

Although  much  has  been  accomplished,  much  yet  remains  to  be  done.  The 
influence  for  good  that  has  been  exerted  by  this  Association  can  never  be  properly 
estimated,  but  it  is  within  reason  to  claim  that  without  the  existence  of  such  an  organi- 
zation during  these  twenty-five  years  conditions  for  the  Indian  would  not  have  been 
as  favorable  as  they  are  to-day. 


WASHINGTON  AGENCY. 

The  Association  has  a representative  stationed  in  Washington,  Mr.  S.  M.  Brosius, 
who  is  ever  ready  to  co-operate  with  the  Indian  Office,  or  to  bring  to  the  Commis- 
sioner’s attention  various  matters  requiring  adjustment.  Mr.  Brosius  also  care- 
fully scrutinizes  all  legislation  relating  to  Indian  affairs  that  comes  up  in  Congress, 
and  informs  the  members  of  that  body  regarding  the  merits  or  demerits  of  particu- 
lar bills.  All  vicious  legislation  is  opposed.  When  it  cannot  be  defeated  in 
Committee,  it  is  vigorously  fought  in  Congress,  and  if  that  produces  no  effect,  the 
facts  are  laid  before  the  President  with  the  request  that  he  veto  the  obnoxious  bill. 
The  advantage  of  having  a trained  expert  in  Washington  of  high  character  and 
ability — a man  who  can  give  disinterested  advice  to  Congressmen  on  Indian  matters 
— is  apparent. 


ACHIEVEMENTS. 

It  is  difficult  to  tabulate  for  inspection,  within  the  limits  of  this  pamphlet,  all 
the  results,  direct  and  indirect,  that  have  been  accomplished  by  the  Association. 
A brief  summary  of  a number  of  concrete  cases,  however,  will  illustrate  the  char- 
acter and  wide  scope  of  the  work,  although  they  convey  no  idea  of  tlje  amount  of 
effort  involved.  In  some  instances  it  has  required  years  of  continuous  agitation 


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before  anything  definite  was  accomplished.  It  should  also  be  noted  that  the  mere 
fact  that  such  an  organization  exists  solely  to  see  that  the  Indians  get  a “square 
deal”  and  is  constantly  on  the  alert  to  guard  them*  from  schemes  to  alienate  their 
land  or  what  not,  undoubtedly  acts  as  a powerful  deterrent.  The  value  of  this 
phase  of  the  Association's  usefulness  can  never  be  computed. 


CONCRETE  RESULTS. 

THE  MISSION  INDIANS. — The  natural  interest  of  the  Association  in  these 
Indians  was  further  stimulated  by  a promise  made  to  Mrs.  Helen  Hunt  Jackson, 
by  our  Washington  Agent,  a few  days  before  her  death,  that  the  Association  would 
accept  “as  a solemn  legacy  the  redress  of  past  wrongs,  present  sufferings  and  the 
future  hopes  of  her  Mission  Indians.”  This  pledge  was  fully  redeemed,  although 
to  do  so  required  more  than  ten  years  of  effort,  appeals  to  the  courts,  securing  action 
by  the  Chief  Executive  and  proper  legislation  from  Congress.  In  one  instance,  the 
“Saboba  case”  was  carried  to  the  California  Supreme  Court,  and  a decision  finally 
rendered  in  favor  of  the  Indians.  To  do  this  the  Association  had  to  meet  counsel 
fees  and  other  legal  expenses,  and  the  Corresponding  Secretary  gave  a personal  bond 
of  $3300  to  indemnify  the  plaintiff  in  the  event  of  an  adverse  decision.  This  decision 
protected  about  a dozen  other  bands  from  further  harassing,  since  their  titles  were 
covered  by  the  same  points  of  law.  Other  reservations,  originally  too  small,  were 
extended  by  executive  order,  and  new  tracts  also  set  aside ; intruders  were  removed,  etc. 


To  protect  the  Warner  Ranch  band  of  Mission  Indians,  numbering  about  400, 
who  were  threatened  with  eviction  from  their  homes,  the  Association  employed  coun- 
sel, and  furnished  a bond  of  $6100  to  carry  the  case  to  the  California  Supreme  Court 
Here  the  decision  was  against  the  Indians.  It  was  taken  to  the  United  States  Su- 
preme Court,  with  a like  result.  The  Association  then  appealed  to  Congress  on 
behalf  of  these  Indians.  An  appropriation  of  $100,000  was  granted  to  provide  homes 
for  them  elsewhere.  They  are  now  located  on  a new  reservation  at  Pala,  California. 


OTHER  LANDLESS  CALIFORNIA  INDIANS. — The  Association  was  ap- 
pealed to  in  1902  by  the  Northern  California  Association,  on  behalf  of  the  13,000 
landless  Indians  in  that  State,  scattered  in  about  420  settlements.  Many  of  them 
were  squatters,  liable  to  eviction  at  a moment's  notice.  Treaties  made  with  these 
Indians  in  1852  promising  new  homes,  were  buried  in  the  Senate  archives  until  this 
Association  succeeded,  through  Senator  Bard,  in  having  them  printed  as  a public 
document.  As  a result  of  the  combined  effort  of  the  friends  of  these  Indians,  the 
sum  of  $100,000  was  appropriated  by  Congress  to  provide  small  homes  for  these 
Indians,  and  those  in  the  southern  part  of  California,  who  were  also  in  a destitute 
condition. 


CIVIL  SERVICE  REFORM.— From  the  beginning  of  its  work  the  Association 
realized  that  one  of  the  greatest  obstacles  to  progress  among  the  Indians  was  the 
character  of  so  many  unfit  or  incompetent  employes  who  owed  their  places  to  poli- 
tical pull.  It  waged  a vigorous  assault  on  the  spoils  system,  and  when  the  ineffi- 


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ciency  and  cowardice  of  a political  agent  among  the  Sioux  resulted  in  violence  and 
bloodshed,  in  1890,  its  demand  finally  gained  consideration.  President  Harrison 
then  extended  the  civil  service  rules  to  cover  629  positions;  and  since  that  time 
practically  all  places,  except  that  of  agent,  have  been  included  within  the  classified 
service.  As  the  Indian  agent  is  subject  to  confirmation  by  the  Senate,  the  position 
could  not  be  covered  by  the  civil  service  law,  and  the  political  appointee  continued 
to  be  the  rule,  with  an  occasional  exception.  As  an  alternative,  however,  the  Asso- 
ciation urged  that  wherever  possible  the  position  of  agent  be  abolished  and  affairs 
placed  in  charge  of  bonded  superintendents  of  schools  on  the  various  reservations. 
This  plan  has  been  followed  with  good  results.  There  are  now  but  19  reservations 
under  the  care  of  the  political  agents.  The  spoils  system  has  been  practically  elimi- 
nated, with  a corresponding  increase  in  efficiency  among  the  employes  and  good  pro- 
gress on  the  part  of  the  Indians. 


EDUCATION.- — In  no  branch  of  the  service  has  there  been  a greater  advance 
than  in  the  educational  work.  In  1883  the  appropriation  for  Indian  schools  was 
$487,200.  The  following  year,  Hon.  H.  M.  Teller,  Secretary  of  the  Interior,  desiring 
to  take  a forward  step,  appealed  to  the  Association  to  support  his  recommendation 
for  increased  appropriations  for  school  work.  The  Association  was  able  to  show 
good  results  from  a meagre  expenditure,  and  appealed  to  the  public,  through  the 
press,  pamphlets  and  letters,  to  demand  from  Congress  adequate  support  for  the 
schools.  This  appeal  aroused  such  a strong  sentiment  that  the  amount  was  increased 
that  year  about  $200,000,  and  the  annual  appropriation  has  grown  steadily  until 
it  has  reached  the  $4,000,000  mark, — with  practically  no  opposition.  In  short, 
opposition  and  prejudice  were  overcome;  Congress  and  the  people  were  convinced 
of  the  importance  of  Indian  education. 


The  Association  was  instrumental  in  blocking  the  alleged  agreement  to  open 
to  settlement  11,000,000  acres  of  the  Great  Sioux  reservation,  in  1883.  Many  of 
its  provisions  were  objectionable ; it  was  shown  that  signatures  to  the  agreement  had 
been  improperly  obtained.  The  matter  was  investigated  by  a Congressional  Com- 
mittee, and  the  Association’s  charges  sustained.  An  equitable  bill  to  open  the  reser- 
vation, drafted  by  Senator  Dawes,  was  substituted  and  became  a law. 


In  June,  1883,  Mrs.  George  Crook  (wife  of  Brig. -Gen.  Crook,  U.  S.  A.)  brought 
to  our  notice  the  destitute  condition  and  needs  of  the  Hualapai  Indians,  in  New 
Mexico.  The  Association  promptly  sent  Mrs.  Crook  $150  to  meet  the  most  urgent 
cases,  and  the  matter  was  so  vigorously  pressed  upon  Congress  than  the  sum  of 
$20,000  was  appropriated  for  their  relief. 

Assistance  was  successfully  rendered  to  the  Santee  Sioux,  in  1883,  to  secure 
claims,  in  accordance  with  a special  law.  Their  application  had  been  refused  by 
the  Land  Office  in  1882.  An  appeal  to  the  Secretary  of  the  Interior,  by  the  Asso- 
ciation, resulted  in  an  investigation  and  a decision  establishing  the  rights  of  the 
Santees  in  the  premises  without  further  legislation. 


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Fifty  thousand  dollars  was  asked  for  in  December,  1884,  by  the  Association  for  the 
relief  of  starving  Piegan  and  other  Indians  of  Montana.  The  amount  was  promised  and 
then  refused  by  the  Chairman  of  the  House  Indian  Committee.  The  Association  stated 
the  facts  of  the  case  to  the  country,  and  the  Chairman  was  forced  to  advocate  the 
bill;  $50,000  was  appropriated. 


In  February,  1885,  by  executive  order,  500,000  acres  of  the  Crow  Creek  Indian 
reservation,  in  South  Dakota,  were  thrown  open  illegally,  and  without  compensa- 
tion to  the  Indians.  The  facts  were  presented  to  President  Cleveland  by  the  Asso- 
ciation, who  revoked  the  order  and  restored  the  lands  to  the  Indians. 


The  Association  secured  the  passage  of  an  act,  in  1885,  by  which  the  person  or 
property  of  an  Indian  was  made  amenable  to  the  law.  Before  this  there  was  no  law 
to  restrain  crimes  committed  on  the  reservations  by  Indian  against  Indian,  except 
the  rude  and  insufficient  punishment  fixed  by  tribal  customs. 


In  1886  land  patents  were  secured  for  175  Puyallup  Indians,  Washington. 
These  had  been  denied  by  Secretary  Teller,  but  afterwards  given  by  Secretary  Lamat 
at  the  instance  of  the  Association. 

An  order  for  the  removal  of  a part  of  the  Stockbridge  Indians  from  their  reser- 
vation in  Wisconsin,  under  the  provisions  of  an  act  of  Congress'  procured  through  the 
influence  of  a lumber  ring,  was  suspended  by  the  authorities  (in  1886)  when  the 
facts  were  presented  by  the  Association.  This  saved  these  Indians  from  a great 
wrong. 

A cunning  scheme  to  defraud  the  Indians  on  the  Santee  (Nebraska)  and  Sisseton 
(South  Dakota)  reservations  of  their  lands  was  thwarted  by  the  Association  in  1886. 


An  attempt  to  dispose  of  a large  portion  of  the  Winnebago  reservation,  Neb- 
raska, to  the  injury  of  the  Indians,  was  defeated  in  1886. 

The  Association  rendered  material  assistance  in  sfecuring  the  passage  of  the 
Land  in  Severalty  Bill,  by  which  an  Indian  could  secure  an  individual  title  to  his 
land,  and  also  acquire  citizenship.  This  became  a law  in  1887. 

When  Geronimo  and  a small  party  of  hostile  Apaches  had  been  captured  (in 
1888),  after  causing  a great  deal  of  trouble,  the  clamor  of  the  whites  in  Arizona  was 
so  strong  that  all  of  the  tribe  were  removed  from  their  reservation  to  Fort  Marion, 
Florida,  and  held  as  prisoners  of  war.  Of  the  500  Indians  not  more  than  30  were 
guilty  of  any  recent  wrong-doing,  and  many  of  them  had  served  in  the  army  as  scouts. 
Public  attention  was  called  by  the  Association  to  the  gross  wrong  inflicted  upon  the 
innocent  members  of  the  tribe  and  their  families,  as  well  as  to  the  inadequate  and 
unsanitary  quarters  where  they  were  herded.  Shortly  afterwards  the  Indians  wTere 


6 


moved  to  Mt.  Vernon  Barracks,  Ala.,  where  conditions  were  more  favorable.  Later, 
they  were  settled  on  the  old  military  reservation  at  Fort  Sill,  Oklahoma,  where  they 
have  made  good  progress  toward  civilization  and  self-support. 


The  Association  called  attention  to  the  brutal  and  dangerous  system  of  issuing 
ration  beef  to  the  Indians  “on  the  hoof.”  By  that  method  the  cattle  wTere  turned 
loose  at  a given  time  and  slaughtered  by  the  Indians  through  the  medium  of  guns 
or  knives,  after  the  fashion  of  the  old  buffalo  hunt.  The  indiscriminate  shooting 
on  such  occasions  made  the  practice  dangerous  to  all  concerned.  It  was  abandoned, 
and  now  the  cattle  are  killed  in  a modern  wTay  and  the  meat  distributed  .by  weight 
to  those  entitled  to  rations. 


The  several  attempts  made  in  Congress  to  abolish  the  Board  of  Indian  Com- 
missioners, on  the  ground  of  “economy,”  were  vigorously  opposed  by  the  Association. 
The  Board  is  still  in  existence  and  is  rendering  valuable  service  to  the  cause  of  Indian 
civilization. 


Through  the  efforts  of  the  Association,  a bill  was  passed  by  Congress  in  1892 
testoring  to  the  Sisseton  Wahpeton  Scouts  certain  annuities  w'hich  had  been  con- 
fiscated in  1863  by  act  of  Congress,  under  a misapprehension  as  to  the  facts. 


When  a bill  for  the  relief  of  the  Stockbridge  and  Munsee  Indians  (which  had  been 
pressed  by  the  Association)  became  a law  in  1893,  our  Washington  Agent  wras  de- 
tailed by  the  Government  to  enroll  those  entitled  to  membership  in  the  tribe,  and 
thereby  have  their  rights  restored  to  them. 


Believing  that  the  prejudice  of  the  Navajos  to  education  would  be  diminished 
by  seeing  something  of  the  country,  the  Association  raised  a special  fund  of  over 
$750  which  enabled  the  acting  agent  (an  army  officer)  to  take  a party  of  fifteen  of 
them  to  the  World’s  Fair,  at  Chicago,  in  1893.  The  effect  wTas  almost  magical  upon 
the  tribe,  and  greater  than  was  anticipated.  It  resulted  in  parents  bringing  their 
children  to  school  voluntarily,  where  previously  it  was  almost  impossible  to  get 
them  to  come ; and  also  caused  a great  change  in  the  attitude  of  the  Indians  toward 
the  white  man’s  ways. 

For  nine  years  the  Association  opposed  efforts  to  remove  the  Southern  Utes 
from  their  reservation  in  Colorado.  The  matter  wras  finally  adjusted  in  1895  by  giving 
the  Indians  their  allotments  in  severalty  and  opening  the  surplus  land  to  settlement. 


The  lives  of  seven  Indian  policemen  on  the  Cheyenne  River  reservation,  in 
South  Dakota,  in  1895,  wrere  saved  by  the  Association  employing  counsel  to  protect 
them  from  the  persecution  of  the  local  prosecuting  officer.  They  had  been  ordered 
by  their  agent  to  arrest  a ruffian  for  attempted  homicide,  and  when  he  rushed  at 
them  with  an  uplifted  axe,  they  had  shot  him  in  self-defence.  When  the  cases  came 


' 7 

up  for  trial,  the  facts  were  so  clear  that  the  jury  promptly  acquitted  the  accused 

men. 

An  investigation  was  made  by  the  Association  in  1895  into  the  condition  of  the 
Navajos,  at  a time  when  the  Government  protested  that  no  destitution  existed. 
The  needs  were  so  great,  however,  that  a private  fund  of  $1300  was  raised  by  the 
Association  and  expended  for  medicinal  supplies,  provisions,  seed  wheat,  etc.  The 
Government  was  forced  to  recognize  the  facts,  and  Congress  appropriated  $25,000 
for  their  relief,  which  was  made  immediately  available 


The  attention  of  the  people  of  South  Carolina  was  called  to  the  condition  and 
needs  of  the  Catawba  Indians  in  that  state  (in  1896),  which  resulted  in  extra  appro- 
priations by  the  State  legislature,  and  schools  being  provided  from  private  sources. 
These  Indians  are  not  under  the  care  of  the  Federal  government. 


On  receipt  of  information,  in  1899,  concerning  the  destitute  condition  of  a tribe 
of  Indians  on  the  Copper  River,  Alaska,  from  an  officer  of  the  United  States  Army, 
the  Association  brought  the  matter  to  the  attention  of  the  War  Department,  urging 
that  some  provision  be  made  for  their  relief.  As  a result,  the  Assistant  Secretary 
of  War  authorized  the  issue  of  rations  to  tljese  Indians  for  a time  that  was  deemed 
sufficient  to  meet  their  most  pressing  needs. 


When  an  epidemic  of  smallpox  broke  out  among  the  Zuni  and  Moqui  Indians 
of  New  Mexico  (in  1899),  the  matter  was  promptly  brought  to  the  attention  of  the 
Commissioner  of  Indian  Affairs,  who  did  everything  in  his  power  to  improve  the 
situation.  The  Association  raised  from  private  sources  about  $400  to  purchase  needed 
supplies  and  extra  delicacies  for  the  sick  that  the  Government  could  not  authorize. 
This  money  was  wisely  expended  by  two  noble  women  working  among  these  Indians — 
Miss  Mary  E.  Dissette  and  Miss  Sara  E.  Abbott — and  did  much  to  cheer  and  com- 
fort the  afflicted  Indians. 

Counsel  was  employed  by  the  Association  (in  1900)  to  protect  three  Navajos 
who  had  been  unjustly  indicted  for  murder  by  a territorial  grand  jury.  They  were 
acquitted. 

When  the  case  of  three  Pueblo  Indians  who  had  been  unjustly  detained  in  jail, 
on  the  charge  of  murder,  without  even  being  able  to  secure  a hearing,  was  brought 
to  the  notice  of  the  Association  by  friends  of  the  accused  men,  the  matter  was 
called  to  the  attention  of  the  Department  of  Justice  in  1901.  That  Department 
investigated  the  matter,  the  local  grand  jury  ignored  the  representations  of  the 
District  Attorney,  and  dismissed  the  case  against  all  of  the  accused. 


Another  case  which  nearly  cost  the  lives  of  two  innocent  Indians  by  the  over- 
zeal  of  a prosecuting  attorney  was  that  of  Spotted  Hawk  and  Litte  Whirlwind,  two 
Northern  Cheyenne  Indians.  A sheep  herder  had  been  murdered  by  an  Indian 


8 


named  Stanley,  who  confessed  his  crime,  but  for  some  unaccountable  reason  the 
prosecuting  officer  secured  the  arrest  of  Spotted  Hawk  and  Little  Whirlwind,  and 
mainly  on  the  testimony  of  the  self-confessed  murderer  they  were  promptly  con- 
victed and  Spotted  Hawk  sentenced  to  be  hung  and  Little  Whirlwind  to  life  impri- 
sonment. The  Association,  upon  learning  of  the  facts,  promptly  employed  counsel 
to  appeal  the  case  of  Spotted  Hawk; — it  was  unable  to  take  this  course  on  behalf 
of  Little  Whirlwind,  owing  to  the  failure  of  his  counsel  to  move  for  a new  trial  at 
the  proper  time.  The  decision  as  to  Spotted  Hawk  was  reversed  bv  the  Montana 
Supreme  Court,  and  he  was  given  his  liberty.  Meanwhile  Little  Whirlwind  was 
in  prison  serving  a life  sentence.  Stanley,  the  real  murderer,  made  another  confession, 
shortly  before  his  death,  and  as  a result  of  much  effort,  Little  Whirlwind  was  par- 
doned by  Governor  Toole,  in  1901,  when  the  facts  were  presented  to  his  attention 
by  Judge  Sanders,  on  behalf  of  the  Association. 


In  1901  about  100  Pima  Indians,  who  had  been  living  for  twenty-eight  years 
on  public  lands  in  Arizona,  west  of  the  Salt  River  reservation,  were  in  danger  of 
being  forced  off  these  lands  by  whites.  The  Association  was  appealed  to,  and  so 
vigorously  pressed  the  case  that  the  Indians  were  fully  protected  by  the  Department.' 


A similar  service  was  rendered  to  a"  number  of  Xavajos  who  had  been  living  for 
years  on  some  public  land  in  Arizona.  Rev.  W.  R.  Johnston,  a missionary  work- 
ing among  the  Navajos.  came  to  Washington  bringing  with  him  two  of  the  Indians. 
After  a brief  interview,  the  President  issued  an  order  withdrawing  from  sale  and  set- 
tlement the  land  in  question  “until  such  time  as  the  Indians  residing  thereon  shall 
have  been  settled  permanently  under  the  provisions  of  the  homestead  laws  or  general 
allotment  act.”  This  made  it  possible  to  give  to  these  Indians  an  absolute  title  to 
their  allotments. 


An  appeal  was  receivd  in  1901  from  Mrs.  Joel  Bean  on  behalf  of  a small  band  of 
60  Indians  in  XTorthem  California.  Like  many  other  Indians  in  that  state,  they 
had  been  living  on  land  owned  by  whites,  and  were  given  notice  to  “move  on.”  They 
were  self-supporting,  the  Government  had  never  helped  them,  and  would  not  render 
• aid  in  this  instance.  The  Association  raised  a special  fund  of  S3 12,  with  which  Mrs. 
Bean  purchased  a 40  acre  tract  near  their  old  homes  and  where  they  were  promptly 
settled  free  from  further  molestation. 


An  effort  was  made  in  1902  by  the  Interior  Department  to  lease  to  a cattle  syn- 
dicate nearly  two-thirds  of  the  Standing  Rock  reservation,  in  North  and  South  Dakota, 
for  grazing  purposes.  This  proposition  was  contrary  to  the  wishes  of  the  Indians 
and  in  direct  violation  of  an  explicit  agreement  they  had  entered  into  with  the  Depart- 
ment. Appeals  for  delay  were  ignored  by  the  Department.  The  Association  secured 
the  services  of  Rev.  T.  L.  Riggs,  a well  known  missionary  of  the  Congregational 
Church,  located  for  years  among  the  Sioux  and  familiar  with  their  language,  to  make 
a thorough  investigation.  The  facts  thus  secured  were  submitted  to  the  President, 
with  the  suggestion  that  he  send  Dr.  George  Bird  Grinnell  to  make  an  independent 


9 


examination  and  report  directly  to  the  Executive.  This  was  done  and  the  matter 
adjusted  to  the  satisfaction  of  the  Indians. 


An  attempt  to  remove  the  Northern  Cheyenne  Indians  from  their  reservation 
in  Montana  was  defeated  through  the  efforts  of  the  Association. 


In  1902,  after  several  years  of  effort,  the  Association  was  instrumental  in  secur- 
ing the  passage  of  an  act  by  Congress  to  protect  the  timber  rights  of  the  Chippewa 
Indians,  in  Minnesota. 

THE  LONE  WOLF  CASE. — In  1901,  Lone  Wolf,  acting  on  behalf  of  members 
of  the  Kiowa.  Comanche  and  Apache  Tribes,  filed  a bill  in  equity  against  the  authori- 
ties to  restrain  them  from  carrying  out  the  provisions  of  the  alleged  fraudulent  agree- 
ment of  1892,  which  had  been  ratified  by  Congress.  The  Supreme  Court  of  the  Dis- 
trict denied  the  application  for  an  injunction,  and  that  decision  was  affirmed  by  the 
Court  of  Appeals.  Believing  that  the  rights  of  the  Indians  should  be  maintained 
if  under  the  law  it  could  be  done,  the  Association  joined  with  them  in  an  appeal  to 
the  United  States  Supreme  Court,  and  retained  Hampton  L.  Carson,  Esq.,  of  Phila- 
delphia, to  argue  the  case.  The  decision  was  against  the  Indians,  however,  as  on 
January  5,  1903,  Justice  White  handed  down  an  opinion  in  which  the  Supreme  Court 
substantially  declared  it  to  be  the  law  of  the  land  that  the  Indians  in  their  tribal  rela- 
tions have  practically  no  rights  whatever  which  Congress  is  bound  to  respect.  This 
decision,  while  at  first  startling  to  the  friends  of  the  red  man,  will  probably  do  more 
toward  breaking  up  the  tribal  relations  and  developing  the  Indian  in  his  individual 
capacity  than  any  other  result. 

The  Indians  at  La  Pointe  Agency,  Wisconsin,  have  large  timber  interests,  and 
in  1903,  when  a contract  with  a lumber  company  was  about  to  expire,  the  agent 
recommended  that  a new  contract  be  made  with  the  same  concern  at  but  a slight 
advance  over  former  prices,  notwithstanding  the  great  increase  in  the  value  of  lum- 
ber. This  was  unsatisfactory  and  unfair  to  the  Indians.  They  appealed  to  the 
Association,  and  the  publicity  and  agitation  the  subject  received  resulted  in  securing 
one  of  the  best  contracts  ever  executed  on  behalf  of  the  Indians  relating  to  the  sale 
of  pine  timber;  the  price  being  double  what  the  lumber  company  paid  under  the  old 
contract. 

The  scandalous  abuses  existing  in  Indian  Territory  were  fully  exposed  by  the 
Association  in  1903.  This  resulted  in  an  investigation  by  direction  of  President 
Roosevelt,  and  many  corrective  measures  being  applied. 


The  Association  drafted  a bill,  which  was  passed  by  Congress  in  1903,  which 
has  done  much  to  break  up  the  monopoly  so  long  enjoyed  by  the  reservation  traders. 
It  makes  competition  possible,  and  gives  the  Indians  the  benefit  of  “free  trade.” 


An  important  achievement  of  the  Association  was  in  effecting  the  passage  of 
a bill  (in  1904)  prepared  by  its  Washington  Agent,  to  render  the  title  of  Indians  to 


IO 


their  allotments  indefeasible  except  for  cause  specifically  stated.  It  had  been 
supposed  that  the  Severalty  Act  fully  protected  the  holdings  of  Indians,  but  in  1900 
the  Secretary  of  the  Interior  decided  that  he  had  the  right  to  cancel  an  allotment 
at  any  time  prior  to  the  expiration  of  the  2 5 -year  trust  period.  As  this  claim  was 
supported  by  a decision  of  the  U.  S.  Supreme  Court,  the  allotment  of  every  Indian 
under  the  Act  of  1887  was  virtually  subject  to  cancelation  at  the  pleasure  of  the 
Secretary  of  the  Interior.  Not  only  would  this  decision  have  opened  the  way  for 
schemes  of  unscrupulous  men  to  have  a desirable  holding  canceled,  but  the  insecurity 
of  the  title  was  also  likely  to  destroy  all  incentive  to  the  Indians  to  make  permanent 
improvements  on  their  allotments.  The  far-reaching  effect  for  good  of  this  measure 
can  hardly  be  over-estimated. 


A bill  was  introduced  in  Congress  (in  1904)  to  open  to  settlement  416,000  acres 
of  surplus  land  on  the  Rosebud  reservation,  Gregory  County,  South  Dakota,  at  a 
price  less  than  its  real  value.  The  Indians  appealed  to  the  Association  to  protect 
their  rights.  They  were  willing  to  sell  the  land  for  $5  an  acre,  but  the  bill  proposed 
to  give  them  $2.50.  Investigation  showed  that  the  former  figure  was  a reasonable 
one.  The  vigorous  agitation  produced  results;  the  aid  of  the  President  was  invoked 
and  he  informed  the  sponsors  for  the  bill  that  he  would  veto  it  unless  the  terms  were 
made  more  satisfactory  to  the  Indians.  As  a compromise  $4  was  named  as  the  selling 
price  for  the  first  six  months.  The  Indians  received  about  $800,000  more  for  this 
land  than  was  originally  offered. 


The  Pueblo  Indians,  in  New  Mexico,  were  in  danger  of  losing  their  homes  through 
inability  to  pay  taxes  levied  against  them  under  a decision  of  the  territorial  court. 
To  protect  them,  the  Association  was  instrumental  in  securing  the  passage  of  a bill 
(in  1905)  exempting  them  from  taxation  “of  any  sort  whatever.” 


Owing  to  abuses  in  connection  with  the  sale  of  inherited  lands,  the  Association 
urged  in  1905  that  they  should  be  disposed  of,  after  due  advertisement,  to  the  highest 
bidder.  This  plan  is  now  followed  by  the  Indian  Office. 


The  Association  opposed  an  effort  which  was  made  to  divide  the  Osage  reserva- 
tion into  three  or  four  counties,  when  the  Oklahoma-Indian  Territory  enabling  act 
was  before  Congress  (in  1906),  because  of  the  fact  that  the  valuable  oil,  gas  and 
mineral  deposits  on  the  reservation,  and  police  regulations,  could  be  better  controlled 
with  the  management  centralized  than  by  a division  of  responsibility.  A full  state- 
ment was  sent  to  members  of  Congress,  and  when  the  bill  finally  passed,  it  was  stipu- 
lated that  the  Osage  reservation  should  constitute  a separate  county. 


The  protest  of  the  Association  in  1906  against  the  proposed  transfer  of  the  man- 
agement of  the  reindeer  industry  in  Alaska  from  the  Bureau  of  Education  to  the  Gov- 
ernor of  that  territory  was  effective,  and  resulted  in  a decision  by  Congress  to  “let 
well  enough  alone.”  It  was  shown  that  this  industry’,  under  the  care  of  Dr.  Sheldon 
Jackson,  had  increased  from  an  original  herd  of  1280,  purchased  about  13  years  ago,  to 


13.000.  The  experiment  was  the  means  of  relieving  much  destitution,  and  is  building 
up  a native  industry,  through  means  of  transportation,  as  well  as  a supply  of  food 
and  clothing,  which  promises  to  make  the  Alaskans  self-supporting  in  the  near  future. 


An  attempt  was  made  in  1906  to  dispose  of  some  surplus  land  on  the  Lower 
Brul6  reservation,  in  South  Dakota,  at  an  inadequate  price.  The  Association  laid 
the  facts  before  the  members  of  the  House,  and  the  measure  was  amended  providing 
that  the  land  should  be  appraised  and  sold  at  its  estimated  value.  In  this  shape  the 
bill  became  a law,  and  it  was  acceptable  to  the  Indians. 


The  Association  co-operated  with  several  organizations  to  secure  the  insertion 
of  a clause  in  the  Indian  Territory-Oklahoma  enabling  act,  to  protect  the  Indians  in 
the  projected  new  State  from  the  liquor  traffic.  This  was  successful;  the  act  stipu- 
lating that  prohibition  must  be  maintained  for  twenty  years,  and  continue  thereafter 
until  the  legislature  shall  provide  otherwise. 


The  Standing  Rock  Indians,  in  North  and  South  Dakota,  were  unwilling  (in 
1907)  to  approve  an  agreement  to  lease  a large  portion  of  their  surplus  land  for  grazing 
purposes,  which  had  been  very  properly  urged  by  the  Indian  Office.  The  matter 
was  fully  explained  to  them  by  the  Washington  Agent  of  the  Association,  and  in  the 
council  held  to  formally  ratify  the  leases  they  stated  that  they  would  not  have  done 
so  had  it  not  been  that  their  best  friends, — the  Indian  Rights  Association  and  Miss 
Collins,  the  Missionary, — urged  them  to  do  so.  Such  statements  are  unusual  for  In- 
dians to  make  in  council  proceedings,  and  are  an  indication  of  how  highly  advice 
given  by  the  Association  is  valued. 

A bill  to  open  to  settlement  nearly  1 ,000,000  acres  of  surplus  land  in  Tripp  County, 
Rosebud  reservation.  S.  D.,  was  introduced  in  Congress  in  1907,  naming  $5  as  the 
price  to  be  paid  per  acre.  The  Indians  protested  that  this  was  not  enough  and 
appealed  to  the  Association  to  protect  their  rights.  As  a result  of  vigorous  opposi- 
tion, when  the  measure  became  a law  it  provided  that  $6  per  acre  should  be  paid 
for  land  filed  upon  during  the  first  six  months. 


A measure  brought  forward  in  Congress  in  1907  which  would  have  seriously  im- 
paired the  rights  of  the  Chippewa  Indians  on  the  La  Pointe  reservation.  Wisconsin, 
to  their  allotments,  on  which  is  much  valuable  timber,  was  defeated  through  the 
efforts  of  the  Association. 


The  diversion  of  Indian  trust  and  treaty  funds  by  order  of  President  Roosevelt 
for  the  support  of  sectarian  schools  has  been  opposed  by  the  Association  since  the 
practice  began  in  1904  It  is  contended  that  the  plan  was  in  violation  of  an  explicit 
declaration  of  Congress  to  “hereafter  make  no  appropriation  whatever  for  education 
in  any  sectarian  schools.’’  The  Indians  whose  money  was  thus  used  protested  vigor- 
ously, but  all  attempts  to  secure  legislation  to  make  the  provision  quoted  apply  speci- 


12 


rically  to  the  treaty  and  trust  funds  were  unsuccessful.  In  1906  suit  was  brought  by 
three  Rosebud  Indians,  through  the  Association's  Washington  Agent  as  their  attorney, 
to  restrain  the  Government  from  using  these  funds  in  the  manner  indicated.  A deci- 
sion was  rendered  on  April  4,  1907,  in  the  District  Court  (Washington)  to  the  effect 
that  although  treaty  funds  could  not  be  used,  trust  funds  may  be  so  expended.  An 
appeal  was  taken  to  the  higher  court  and  is  now  pending. 


MANAGEMENT. 

The  work  of  the  Association  is  conducted  under  the  supervision  of  Mr.  Herbert 
Welsh,  who  has  served  as  corresponding  secretary  during  its  whole  life,  without  any 
remuneration  whatever,  in  conjunction  with  the  other  officers  and  an  executive 
committee. 

The  Association  keeps  in  touch  with  affairs  in  all  parts  of  the  Indian  country 
by  visits  of  its  representatives,  and  through  correspondence  with  educated  Indians 
and  others.  Since  the  beginning  of  its  work  about  600,000  copies  of  various  publica- 
tions have  been  distributed,  with  good  results.  The  key-note  of  its  work  is  embodied 
in  a suggestion  made  by  Secretary  Stanton  to  Bishop  Whipple,  when  the  latter  went 
to  him  on  behalf  of  some  of  his  Indians.  The  Secretary  said:  “Why  do  you  come 
to  me?  Go  to  the  people.  Congress  never  redresses  a wrong  until  the  people  demand 
it.”  The  Association  has  constantly  “gone  to  the  people”  and  their  voice  has  been 
heeded  on  numerous  occasions. 

The  Association  must  depend  upon  the  public-spirited  people  of  the  country 
for  its  support,  arid  those  interested  in  maintaining  its  work  are  invited  to  help  by 
becoming  members  (annual  dues  $2;  life  membership  $25)  or  by  making  such  a 
contribution,  large  or  small,  as  they  may  care  to  send. 

We  shall  be  glad  to  answer  all  letters  of  inquiry,  or  to  give  any  information  de- 
sired regarding  our  work,  and  to  send  our  publications  to  any  address. 

All  communications  should  be  addressed  to 

HERBERT  WELSH,  Corresponding  Secretary, 

709  Provident  Building,  Philadelphia,  Pa. 


The  Indian  Rights  Association  as  a free  and  independent  society  has  given  to 
the  cause  of  Indian  rights  disinterested  ability  of  a high  order.  It  has  brought  to 
light  hidden  things  of  darkness.  It  has  made  officials  feel  that  they  were  under  the 
public  eye.  It  has  made  ears  attentive  to  cries  for  help  which  otherwise  had  been 
deaf,  and  it  has  given  faithful  officials  the  reward  and  help  of  knowing  that  they 
would  have  in  all  their  right  measures  strong  public  backing.  Without  it  the  friends 
of  the  Indian  would  feel  that  by  definite,  earnest  effort  they  could  accomplish  but 
little  and  were  beating  the  air. — Rt.  Rev.  William  H.  Hare , D.D.,  Bishop  of  South 
Dakota. 


